State v. Bailey

HUNTER, Judge.

Danny Bailey (“defendant”) appeals his conviction for felony death by vehicle entered on 26 April 2006. See N.C. Gen. Stat. § 20-141.4(al) (2005). He argues that the trial court committed reversible error by denying his request for a jury instruction on contributory negligence. We disagree and find no error.

Shortly after noon on 9 June 2003, defendant was operating a vehicle southbound on Highway 18/64 in Burke County, North Carolina. The highway is a two-lane road with a solid yellow line on the southbound lane and a broken yellow line in the northbound lane.

The State’s…